Tuesday, 2 January 2018

Taxation without representation, Afzal Ali Shigri

THE Gilgit-Baltistan (GB)
Council has tried to implement another federal tax under the income tax law it
adopted through Act-IX of 2012. This was approved in January 2013 by the
government of GB that also established the inland revenue department for
implementation of this law.

The impact of the new tax laws
became apparent when various government departments started withholding advance
income tax against payments made to its employees and contractors involved in
development projects. Once it was expanded to banking transactions and mobile
phone usage, the commercial sector too felt the effect of this taxation and its
financial implications for the local economy and commodities’ prices.

With the GB Council being
largely distrusted by the local populace, the people were not ready to accept a
tax imposed by this institution. It would appear that the Gilgit-Baltistan
Empowerment and Self-Governance Order, 2009, has created an artificial legislative
structure based in the Ministry of Kashmir Affairs & Gilgit-Baltistan in
Islamabad, without a credible link to the local population.

This body is empowered to
legislate on 55 key subjects that cover all kinds of federal taxes and duties.
However, the tax is not accepted by the people of GB as the constitutional
status of this region remains unsettled despite repeated demands of residents
and the elected local legislative assembly, leading to the rejection of the
newly imposed taxation by a non-representative body. The government of Pakistan
has persistently refused to address this vital issue because this region is
theoretically part of Jammu & Kashmir and its status has to be determined
through a plebiscite according to a UN resolution

The Gilgit-Baltistan
Council is a typical creation of a colonised mindset.

Due to the conundrum regarding
the status of GB at the policy level, the federal government has de facto
control of the area and has been legislating for GB through presidential
decrees that are now being questioned by residents irked at the inattention to
their demands for a resolution to the problem of GB’s status being hobbled by a
notional linkage to the Kashmir issue.

Despite a very rational demand
for an interim merger by the local elected assembly until the resolution of the
Kashmir dispute, the federal government has refused to accept even this
plausible out-of-the-box solution. Resultantly, flawed institutions designed by
bureaucrats incapable of appreciating the political nuances of their decisions
have been established. The GB Council is a typical creation of a colonised
mindset imposing imperialist solutions on the natives.

The tendency to control and
administer is apparent in the structuring of the GB Council that has the
following membership: i) the Pakistani prime minister; ii) the GB governor;
iii) six members nominated by the Pakistani prime minister, including the
minister for Kashmir Affairs and Gilgit-Baltistan; iv) the GB chief minister;
and v) six members elected by the local Legislative Assembly.

Of the 15 members of this
council, nine are Pakistan government nominees, while only six are elected
indirectly by the local Legislative Assembly, which, too, is under the strong
influence of the federal government. The legislative process by this
compromised body takes the form of enactment of laws essentially drafted by
babus and rubber-stamped by the federal government.

The people of GB who fought a
year-long bloody battle to join Pakistan resent and resist lawmaking by a body
that has no legal or moral authority to legislate on their behalf. To make
matters worse, this body has no interest in the affairs of the region as the
prime minister has no time and the other members lack interest, thereby leading
to practically making it dysfunctional with rare meetings and rubber-stamping
of agendas prepared by the babus of the Ministry of Kashmir Affairs and GB.

The council is not a
representative institution and its composition negates the internationally
recognised principles/norms of a legislature; therefore the demand of the
people for the repeal of all taxation laws is fully justified. The gist is that
while there is no objection to taxation, it must be done by the elected
representatives of an area. The people of GB understand that empowerment also
entails responsibility, but unilateral taxation cannot be accepted by an
institution that enjoys no credibility.

This neglect and ignoring the
demand of the people have been accentuated as the new taxes recently triggered
a protest by civil society and the business community and was supported by the
political parties. There was a complete shutdown of all markets for five days
that was followed by a big dharna in Gilgit city. The protest for the first
time was widely covered in the local and international media. A high level team
led by the GB senior minister and members of the local assembly held a meeting
with the Awami Action Committee that was leading the protest and an agreement
was reached for revisiting the Adaptation of Income Tax Act by the GB Council.

The Pakistani government has
formed a committee headed by MNA Malik Ahmed Khan to negotiate with the Awami
Action Committee. The dharna ended but a token protest continues till a final
decision is taken. Their most significant demand is the transfer of taxation
and mineral policy to the local assembly. It is obviously a precursor for
subsequent demands for a constitutional status of a province.

The principle of ‘no taxation
without representation’ was established in 1775 when the British tried to tax
America without representation and triggered the American bid for independence.
Even the British Empire collapsed when they failed to address the genuine
aspirations of the people of the subcontinent through artificial governance
structures created by the India Act of 1909, 1919 and 1935 that partly included
the elected representatives in new institutions to prolong Britain’s own hold
on the people. As the writer and philosopher George Santayana has wisely noted
“those who do not learn history are doomed to repeat it”. It is time to act
sagaciously instead of repeating historical errors.

About Me

Dr Shabir Choudhry has done extensive research on the issue of Kashmir and Indo Pakistan relations. He passed BA Honours in Politics and History, and Mphil in International Relations (title of the thesis, ‘Kashmir and Partition of India’); and title of his PhD thesis is ‘Kashmir- An issue of a nation not a dispute of a land’.

Apart from this Dr Shabir Choudhry passed Post Graduates Certificates in Education, and NVQ Assessor’s qualifications; and taught English in London.

Political Achievements

Founder member of JKLF (Jammu Kashmir Liberation Front established in 1977) and got elected as a Press Secretary in 1984.

Became its Secretary General in 1985, and resigned from this post in 1996.

Got elected President of JKLF and Europe in May 1999, and decided not to contest in elections of July 2001.

Said good - bye to the JKLF as it is in many groups and is largely seen as advancing a Pakistani agenda on Kashmir dispute, and set up a new party Kashmir National Party in May 2008.

.

At present, he is:

·Spokesman Kashmir National Party and Director Diplomatic Committee;

·Spokesman for International KashmirAlliance;

·Founder member and Director Institute of Kashmir Affairs;

Previously

·A founder Member and Trustee/ Director of London based registered charity, Kashmir Foundation International and resigned from this position in August 2001.

·Regularly take part in the Sessions of the UN Human Rights (Commission) now Council in Geneva; and address various conferences and seminars to oppose violence and highlight the Kashmir cause.

·Participated in a Round Table Conference on Kashmir, organised by Socialist Group of European Parliament in Brussels in 1993.

·Addressed as a Chief Guest in a seminar on issue of Mangla Dam during the UN Sub Commission’s proceedings in August 2003.

·Addressed as a key - note speaker in a seminar on the issue of Gilgit and Baltistan, organised by Association of British Kashmiris.

·Addressed as a keynote speaker on human rights conference in Paris in 1991.

·Addressed at CambridgeUniversity as a Chief Guest in a conference on Kashmir in 1990.

·Addressed as a keynote speaker at New Delhi conference on Kashmir, which was part of Track Two diplomacy in November 2000.

·In September 2008, addressed a Conference arranged by Interfaith International in Geneva, topic of which was:“Kashmir Issue, Terrorism and Human Rights”.

·Addressed as a speaker in a NGO Conference on Self - Determination in Geneva in August 2000.

·Addressed as a keynote speaker in a fringe meeting of Liberal Democrats at their Annual Conference in Brighton in 1995.

·Participated in World Human Rights Conference in Vienna in 1993.

·Before President Clinton's visit to India and Pakistan in 2000, lead a JKLF delegation to the State Department to discuss Kashmir dispute and situation in South Asia.

·Also had two rounds of meetings with senior State Department officials before President Musharraf’s meeting to Washington in June 2003.

·Apart from that had meetings with senior officials including Ministers of different countries, and also held many meetings with the State Department and Foreign and Commonwealth Office officials on number of occasions.

·Played important role in advancing a Kashmiri perspective on the issue of Jammu and Kashmir; and also helped Baroness Emma Nicholson with her report ‘Kashmir: present situation and future prospects’, which was adopted by the European Parliament in May 2007.

·Won first prize in an essay competition in Urdu in 1976. It was organised by High Commission of Pakistan in London, and title of the essay was 'Qaaid-e- Azam's role in Islamic History'.

·Apart from that have addressed conferences in Brussels, Geneva, Toronto, Islamabad, Delhi, and

Publications

·Got first Urdu novel ‘Fareena’ published at the age of eighteen.

·Second Urdu novel ‘Bay-Khataa’ which was about the problems of Asian youths living in UK published in 1983.

·Third Urdu book ‘Pakistan and Kashmiri struggle for independence’ published in 1990.

·Fourth Urdu book is also on Kashmiri struggle, 'Is an independent Kashmir a conspiracy?'

·Apart from that has twenty books and booklets published in English on various aspects of the Kashmiri struggle.

·Recent publications are: Kashmir dispute as I see it

·Different perspective on Kashmir

·JKLF visit to Pakistan Administered Kashmir

·Kashmir Needs Change of Heart

·If not self - determination then what?

·Emma Nicholson report- who has won?

·Struggle for independence, Jihad or proxy war (Introduction by Baroness Emma Nicholson)

·

Future publications

Following books were completed some time ago and shall be published in near future:

In Search of Freedom - My visit to Srinagar and Islamabad

Kashmir and Partition of India

A brief background

Dr Shabir Choudhry was born in a small village called Nakker Shimali (near Panjeri) in District Bhimber, Azad Kashmir. He went to UK in 1966, and like other people from the region, holds a dual nationality. He left secondary school in 1970 with no qualifications and began his life as a textile worker.

In 1975 he started part time studies and passed Matriculation from Government High School Panjeri, passed ‘O’ and ‘A’ levels from UK, and resumed full time degree course in 1981, and passed BA (Hons) in Politics and History in 1984.

He continued full time and part time jobs until he got his Mphil. He passed his PGCE (Post Graduates Certificate in Education) in 1990, and then started full time job as a Lecturer. Due to health problems he resigned from teaching in 1999. At present he is self - employed, provides private tuition, translation and interpretation and consultancy.

Through out his adult life he has actively worked for the cause of Kashmir, and even during long illness he effectively carried out his responsibilities as a leader of the JKLF, a ‘prolific writer’ and consistent campaigner of Rights Movement and peace in Jammu and Kashmir and South Asia.